A Federal High Court, Abuja, on Tuesday, refused to hear an ex-parte motion filed by the All Progressives Congress candidate in the Adamawa governorship election, Senator Aisha Ahmed, popularly called Binani.
Justice Inyang Ekwo, instead, ordered the APC candidate’s counsel, Mohammed Sheriff, to address the court on the issue of jurisdiction before hearing the substantive motion.
Upon resumed hearing on the matter, Afeez Matomi announced appearance for Governor Ahmadu Fintiri, the third respondent in the suit, shortly after the sheriff mentioned his name.
Justice Ekwo then asked Matomi if he had been served.
The lawyer told the court that though they were yet to be served, they had filed a motion to counter part of Binani’s prayers.
He said they got the hint about the ex-parte motion through social media, hence, they decided to file a motion.
But the judge, who declined to listen to Fintiri’s lawyer, said it was imperative for counsel to go by what the law says.
Ekwo then ordered Sheriff to proceed on addressing the court.
The lawyer said his ex-parte motion was filed on April 17 and he was ready to move it.
The judge said though he was ready to hear Sheriff, the lawyer must address the court on issue of jurisdiction before he proceeded.
“I am ready too but you have to address me on jurisdiction,” he said.
Justice Ekwo, who ordered Sheriff to address him on whether the court had the jurisdiction to hear the matter, held that the application would be taken together with the issue of jurisdiction on the next adjourned date.
He, consequently, adjourned the matter until April 26 for hearing of the motion and an address on jurisdiction.
The News Agency of Nigeria reports that Binani and the APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued the Independent National Electoral Commission, the Peoples Democratic Party and its candidate, Governor Fintiri, as 1st, 2nd and 3rd respondents respectively